Decision ID: 001792

In October 2005 the 1992 Fund Executive Committee noted that in September 2005 the five Supreme Court judges who had heard the case had concluded that the question as to whether or not the Court of Appeal had correctly interpreted and applied Article I.1 of the 1992 Civil Liability Convention should be referred to the Plenary Session of the Supreme Court. It was also noted that under the Greek Code of Civil Procedure, in order for a judgement by a Division of the Supreme Court to be conclusive and binding, the judgement had to be decided by a majority of more than one vote and that three judges had been in favour of the claimants and two had been in favour of the 1992 Fund. The Executive Committee noted that the Plenary Session would be composed of one half of the judges of the Supreme Court, who would be chosen randomly, and that only the issue of the interpretation and application of Article I.1 of the 1992 Civil Liability Convention would be considered by the Plenary Session, the remaining three grounds of appeal put forward by the claimants having been rejected by the Division of the Supreme Court.

Date: 30.09.2005
Category: Legal actions
Subject: Judgements in respect of the interpretation of the definition of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions